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MATTER OF NEW YORK STATE COMMISSIONER OF HEALTH v. WOLNER

282 A.D.2d 751 (2001)

724 N.Y.S.2d 619

In the Matter of NEW YORK STATE COMMISSIONER OF HEALTH, Respondent, v. CHAIM WOLNER, Doing Business as FASHION COMFORT SHOES, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 30, 2001.

Ordered that the order is reversed, with costs, the motion is granted, and the matter is remitted to the New York State Commissioner of Health for a plenary hearing to determine the amount owed by the appellant, if any.

We agree with the appellant's claim that the New York State Department of Social Services, which administered the Medicaid program prior to the Department of Health, had agreed not to seek restitution except by way of a plenary hearing. Accordingly...

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